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COUNTY GOVERNMENT OF MOMBASA

PROPOSED RENOVATIONS AT SHIKA ADABU MARKET

TENDER NO.CGM/PRO/T/13/2018-2019

TENDER DOCUMENT

JANUARY 2019

Page 1 of 50CGM: Proposed Renovations at Shika Adabu Market

TABLE OF CONTENTS

Contents SECTION I - LETTER OF INVITATION

SECTION II - INSTRUCTIONS TO TENDERERS

SECTION III - APPENDIX TO INSTRUCTIONS TO TENDERERS

SECTION IV - CONDITIONS OF CONTRACT GENERAL CONDITIONS

SECTION V - CONDITIONS OF PARTICULAR APPLICATION

SECTION VI – SPECIFICATIONS

SECTION VII - BILLS OF QUANTITIES

SECTION VIII - STANDARD FORMS


SECTION I - LETTER OF INVITATION

TENDER NO.: CGM/PRO/T/13/2018-2019

TENDER NAME: PROPOSED RENOVATIONS AT SHIKA ADABU MARKET

1. The County Government of Mombasa now invites sealed tenders from eligible contractors registered with National Construction Authority (NCA) under Civil Engineering Building Construction and Associated Works NCA 6 and above registration for PROPOSED RENOVATIONS AT SHIKA ADABU MARKET.

2. Tendering will be conducted through the National Competitive (NCB) Bidding procedures specified in the Public Procurement and Asset Disposal Act, 2015 and is open to all Tenderers as defined in the Act.

3. A complete set of bidding documents in English may be purchased by interested eligible bidders upon submission of a written application to the address below and upon payment of a non-refundable fee of Kshs. 1,000. The method of payment will be cash or banker’s cheque from a reputable bank in Kenya payable to Mombasa County. The Bidding documents can also be downloaded from the county website www.mombasa.go.ke at no fee

4. Tender security shall be Kshs 100,000 (One Hundred Thousand) and in the form of a Bank or Insurance Guarantee issued by firms approved by the Public Procurement regulatory in the format provided.

5. Bidders are advised to regularly visit the County Government of Mombasa website to obtain any additional information/addendum on the tender. All addenda/additional information on the tender shall be posted on the website as they become available.

6. Completed Tender Documents in plain, sealed envelopes bearing ONLY the Tender Number and its description, and without bearing any name or mark, whatsoever to indicate the identity of the sender must be deposited at the Tender Box located at the County Assembly Hall ground floor next to the main office. The tenders must be received or returned to the Procurement office, 2nd floor County Assembly Hall, Treasury Square, Mombasa to reach not later than 1000HRS on 12th February, 2019.Bulky tenders shall be submitted at the office of Director of Procurement & Supplies located on the 2nd floor of County Assembly Building BEFORE 1000HRS EAST AFRICAN TIME, ON 12th February, 2019.

7. Tenders shall be publicly opened immediately thereafter in the presence of bidders/representatives who choose to attend the opening process at 10.30 a.m. in the Committee Room, County Assembly Hall first Floor or where directed by the County Secretary.

8. Prices quoted should be inclusive of all taxes and delivery and must be in Kenya Shillings shall remain valid for 90 days from the closing date of the tender.

9. Canvassing or lobbying for the tender shall lead to automatic disqualification.

COUNTY SECRETARY


http://www.mombasa.go.ke/

COUNTY GOVERNMENT OF MOMBASA

SECTION II - INSTRUCTIONS TO TENDERERS –

TABLE OF CONTENTS

1. General 2. Eligibility and Qualification Requirements

3. Cost of Tendering

4. Site Visit

5. Tender Documents

6. Inquiries by tenderers

7. Amendment of Tender Documents

8. Language of Tender

9. Documents Comprising the Tender

10. Tender Prices

11. Currencies of Tender and Payment

12. Tender Validity

13. Tender Security

14. No Alternative Offers

15. Pre-tender Meeting

16. Format and Signing of Tenders

17. Sealing and Marking of Tenders

18. Deadline for Submission of Tenders

19. Modification and Withdrawal of Tenders

20. Tender Opening

21. Process to be Confidential

22. Clarification of Tenders

23. Determination of Responsiveness

24. Correction of Errors

25. Conversion to Single Currency

26. Evaluation and Comparison of Tenders

27. Award Of Contract

28. Notification of Award

29. Performance Guarantee


30. Advance Payment

31. Corrupt or fraudulent practices

1. General

1. Definitions

(a) “Tenderer” means any persons, partnership firm or company submitting a sum or sums in the Bills of Quantities in accordance with the Instructions to Tenderers, Conditions of Contract Parts I and II, Specifications, Drawings and Bills of Quantities for the work contemplated, acting directly or through a legally appointed representative.

(b) “Approved tenderer” means the tenderer who is approved by the Employer

(c) Any noun or adjective derived from the word “tender” shall be read and construed to mean the corresponding form of the noun or adjective “bid”. Any conjugation of the verb “tender” shall be read and construed to mean the corresponding form of the verb “bid.”

(d) “Employer” means ‘County Government of Mombasa ’.

2. Eligibility and Qualification Requirements

2.1 Eligibility requirements

This invitation to tender is open to all tenderers who are qualified as stated in the appendix.

2.2 Qualification Requirements

To be qualified for award of Contract, the tenderer shall provide evidence satisfactory to the Employer of their eligibility under Sub clause 2.1. Above and of their capability and adequacy of resources to effectively carry out the subject Contract. To this end, the tenderer shall be required to submit the following information with their tenders unless otherwise stated:

(a) Details of experience and past performance of the tenderer on the works of a similar nature and details of current work on hand and other contractual commitments.

(b) The qualifications and experience of key personnel proposed for administration and execution of the contract, both on and off site.

(c) Major items of construction plant and equipment proposed for use in carrying out the Contract. Only reliable plant in good working order and suitable for the work required of it shall be shown on this schedule. The tenderer will also indicate on this schedule when each item will be available on the Works. Included also should be a schedule of plant, equipment and material to be imported for the purpose of the Contract, giving details of make, type, origin and CIF value as appropriate.

(d) Details of sub-contractors to whom it is proposed to sublet any portion of the Contract and for whom the county will be requested for such subletting in accordance with clause 4 of the Condition of Contract.


(e) Details of any current litigation or arbitration proceedings in which the tenderer is involved as one of the parties.

2.3 Joint Ventures

Tenders submitted by a joint venture of two or more firms as partners shall comply with the following requirements:-

(a) The tender, and in case of a successful tender, the Form of Agreement, shall be signed so as to be legally binding on all partners

(b) One of the partners shall be nominated as being in charge, and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners

(c) The partner in charge shall be authorized to incur liabilities and receive instructions for an on behalf of any and all partners of the joint venture and the entire execution of the Contract including payment shall be done exclusively with the partner in charge.

(d) All partners of the joint venture shall be liable jointly and severally for the execution of the Contract in accordance with the Contract terms, and a relevant statement to this effect shall be included in the authorization mentioned under (b) above as well as in the Form of Tender and the Form of Agreement (in case of a successful tender)

(e) A copy of the agreement entered into by the joint venture partners shall be submitted with the tender.

3. Cost of Tendering

3.1 The Tenderer shall bear all costs associated with the preparation and submission of his tender and the Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.

3.2 The price to be charged for the tender document shall not exceed Kshs.1,000/=

3.3 The procuring entity shall allow the tenderer to view the tender document free of charge before purchase.

4. Site Visit-Omitted

5 Tender Documents

5.1 The Tender documents comprise the documents listed here below and should be read together with any Addenda issued in accordance with Clause 7 of these instructions to tenderers.

a. Form of Invitation for Tenders

b. Instructions to Tenderers

c. Form of Tender

d. Appendix to Form of Tender

e. Form of Tender Surety

f. Statement of Foreign Currency Requirements (Not applicable)


g. Tender and Confidential Business Questionnaires

h. Details of Sub contractors

i. Schedules of Supplementary Information

j. General Conditions of Contract – Part I

k. Conditions of Particular Application – Part II

l. Specifications

m. Bills of Quantities

o. Declaration Form

5.2 The tenderer is expected to examine carefully all instructions, conditions, forms, terms, specifications and drawings in the tender documents. Failure to comply with the requirements for tender submission will be at the tenderer’s own risk. Pursuant to clause 22 of Instructions to Tenderers, tenders which are not substantially responsive to the requirements of the tender documents will be rejected.

5.3 All recipients of the documents for the proposed Contract for the purpose of submitting a tender (whether they submit a tender or not) shall treat the details of the documents as “private and confidential”.

6 Inquiries by tenderers

6.1 A tenderer making an inquiry relating to the tender document may notify the Employer in writing or by telex, cable or facsimile at the Employer’s mailing address indicated in the Invitation to Tender. The Employer will respond in writing to any request for clarification which he receives earlier than 7 days prior to the deadline for the submission of tenders. Written copies of the Employer’s response (including the query but without identifying the source of the inquiry) will be sent to all prospective tenderers who have purchased the tender documents.

6.2 The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the request to enable the tenderer to make timely submission of its tender.

7. Amendment of Tender Documents

7.1 At any time prior to the deadline for submission of tenders the Employer may, for any reason, whether at his own initiative or in response to a clarification requested by a prospective tenderer, modify the tender documents by issuing Addenda.

7.2 Any Addendum will be notified in writing or by cable, telex or facsimile to all prospective tenderers who have purchased the tender documents and will be binding upon them.

7.3 In order to allow prospective tenderers reasonable time in which to take the Addendum into account in preparing their tenders, the Employer may, at his discretion, extend the deadline for the submission of tenders.

PREPARATION OF TENDERS

8. Language of Tender

8.1 The tender and all correspondence and documents relating to the tender exchanged


Between the tenderer and the Employer shall be written in the English language. Supporting documents and printed literature furnished by the tenderer with the tender may be in another language provided they are accompanied by an appropriate translation of pertinent passages in the above stated language. For the purpose of interpretation of the tender, the English language shall prevail.


9. Documents Comprising the Tender

9.1 The tender to be prepared by the tenderer shall comprise:

i. the Form of Tender and Appendix thereto, ii. a Tender Security

iii. the Priced Bills of Quantities and Schedulesiv. the information on eligibility and qualificationv. any other materials required to be completed and submitted in accordance

with the Instructions to Tenderers.

The Forms, Bills of Quantities and Schedules provided in the tender documents shall be used without exception (subject to extensions of the schedules in the same format and to the provisions of clause 13.2 regarding the alternative forms of Tender Surety].

10 Tender Prices

10.1 All the insertions made by the tenderer shall be made in INK and the tenderer shall clearly form the figures. The relevant space in the Form of Tender and Bills of Quantities shall be completed accordingly without interlineations or erasures except those necessary to correct errors made by the tenderer in which case the erasures and interlineations shall be initialed by the person or persons signing the tender.

10.2 A price or rate shall be inserted by the tenderer for every item in the Bills of Quantities whether the quantities are stated or not. Items against which no rate or price is entered by the tenderer will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bills of Quantities.

The prices and unit rates in the Bills of Quantities are to be the full [all-inclusive] value of the Work described under the items, including all costs and expenses which may be necessary and all general risks, liabilities and obligations set forth or implied in the documents on which the tender is based. All duties, taxes and other levies payable by the Contractor under the Contract, or for any other cause prior to the deadline for submission of tenders, shall be included in the rates and prices and the total Tender Price submitted by the tenderer.

Each price or unit rate inserted in the Bills of Quantities should be a realistic estimate for completing the activity or activities described under that particular item and the tenderer is advised against inserting a price or rate against any item contrary to this instruction.

Every rate entered in the Bills of Quantities, whether or not such rate be associated with a quantity, shall form part of the Contract. The Employer shall have the right to call for any item of work contained in the Bills of Quantities, and such items of work to be paid for at the rate entered by the tenderer and it is the intention of the Employer to take full advantage of unbalanced low rates.

10.3 Unless otherwise specified the tenderer must enter the amounts representing 10% of the sub-total of the summary of the Bills of Quantities for Contingencies and Variation of Prices [V.O.P.] payments in the summary sheet and add them to the sub-total to arrive at the tender amount.


10.4 The tenderer shall furnish with his tender written confirmation from his suppliers or manufacturers of basic unit rates for the supply of items listed in the Conditions of Contract clause 70 where appropriate. The Employer may require the tenderer to justify such rates so obtained from the suppliers or manufacturers.

10.5 The rates and prices quoted by the tenderer are subject to adjustment during the performance of the Contract only in accordance with the Provisions of the Conditions of Contract. The tenderer shall complete the schedule of basic rates and shall submit with his tender such other supporting information as required under clause 70 of the Conditions of Contract Part II.

10.6 Contract price variations shall not be allowed within the first 12 months of the contract.

10.7 Where quantity contract variation is allowed, the variation shall not exceed 15% of the original contract quantity.

10.8 Price variation requests shall be processed by the procuring entity within 30 days of receiving the request.

11. Currencies of Tender and Payment

11.1 Tenders shall be priced in Kenya Shillings and the tender sum shall be in Kenya Shillings.

11.2 Tenderers are required to indicate in the Statement of Foreign Currency Requirements, which forms part of the tender, the foreign currency required by them. Such currency should generally be the currency of the country of the tenderer’s main office. However, if a substantial portion of the tenderer’s expenditure under the Contract is expected to be in countries other than his country of origin, then he may state a corresponding portion of the contract price in the currency of those other countries. However, the foreign currency element is to be limited to two (2) different currencies and a maximum of 30% (thirty percent) of the Contract Price.

11.3 The rate or the rates of exchange used for pricing the tender shall be the selling rate or rates of the Central Bank ruling on the date thirty (30) days before the final date for the submission of tenders.

11.4 Tenderers must enclose with their tenders, a brief justification of the foreign currency requirements stated in their tenders.

12 Tender Validity

12.1 The tender shall remain valid and open for acceptance for a period of ninety (90) days from the specified date of tender opening or from the extended date of tender opening (in accordance with clause 7.3 ere above) whichever is the later.

12.2 In exceptional circumstances prior to expiry of the original tender validity period, the Employer may request the tenderer for a specified extension of the period of validity.


The request and the responses thereto shall be made in writing or by cable, telex or facsimile. A tenderer may refuse the request without forfeiting his Tender Surety. A tenderer agreeing to the request will not be required nor permitted to modify his tender, but will be required to extend the validity of his Tender Surety correspondingly.

13 Tender Security

13.1 The tenderer shall furnish as part of his tender, a Tender Security in the amount and form stated in the Appendix to Instructions to Tenderers.

13.2 The tender security shall not exceed 2 percent of the tender price.

13.3 The Tender Security shall be valid at least thirty (30) days beyond the tender validity period.

13.4 Any tender not accompanied by an acceptable Tender Surety will be rejected by the Employer as non-responsive.

13.5 The Tender Sureties of unsuccessful tenderers will be returned as promptly as possible as but not later than twenty eight (28) days after expiration of the tender validity period. The Tender Surety of the successful tenderer will be returned upon the tenderer executing the Contract and furnishing the required Performance Security.

13.6 The Tender Surety may be forfeited:

a) if a tenderer withdraws his tender during the period of tender validity: orb) in the case of a successful tenderer, if he fails, within the specified time

limiti. to sign the Agreement, or

ii. to furnish the necessary Performance Securityc) if a tenderer does not accept the correction of his tender price pursuant to

clause 23.

14 No Alternative Offers

14.1 The tenderer shall submit an offer which complies fully with the requirements of the tender documents unless otherwise provided for in the appendix.

Only one tender may be submitted by each tenderer either by himself or as partner in a joint venture. A tenderer who submits or participates in more than one tender will be disqualified.

14.2 The tenderer shall not attach any conditions of his own to his tender. The tender price must be based on the tender documents. The tenderer is not required to present alternative construction options and he shall use without exception, the Bills of Quantities as provided, with the amendments as notified in tender notices, if any, for the calculation of his tender price. Any tenderer who fails to comply with this clause will be disqualified.

15 Pre-tender Meeting

15.1 If a pre-tender meeting is convened, the tenderer’s designated representative is invited to


attend at the venue and time in the Invitation to Tender. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

15.2 The tenderer is requested as far as possible to submit any questions in writing or by cable, to reach the Employer not later than seven (7) days before the meeting. It may not be practicable at the meeting to answer questions received late, but questions and responses will be transmitted in accordance with the following:

(a) Minutes of the meeting, including the text of the questions raised and the responses given together with any responses prepared after the meeting, will be transmitted without delay to all purchasers of the tender documents. Any modification of the tender documents listed in – Clause 9 which may become necessary as a result of the pre-tender meeting shall be made by the Employer exclusively through the issue of a tender notice pursuant to Clause 7 and not through the minutes of the pre-tender meeting.

(b) Non-attendance at the pre-bid meeting will not be cause for disqualification of a bidder.

16 Format and Signing of Tenders

16.1 The tenderer shall prepare his tender as outlined in clause 9 above and mark appropriately one set “ORIGINAL” and the other “COPY”.

16.2 The copy of the tender and Bills of Quantities shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the tenderer. All pages of the tender where amendments have been made shall be initialed by the person or persons signing the tender.

16.3 The complete tender shall be without alterations, interlineations or erasures, except as necessary to correct errors made by the tenderer, in which case such corrections shall be initialed by the person of persons signing the tender.

SUBMISSION OF TENDERS

17 Sealing and Marking of Tenders

17.1 The tenderer shall seal the original and copy of the tender in separate envelopes, duly marking the envelopes as “ORIGINAL” and “COPY”. The envelopes shall then be sealed in an outer separate envelope.

17.2 The inner and outer envelopes shall be addressed to the Employer at the address stated in the Appendix to Instructions to Tenderers and bear the name and identification of the Contract stated in the said Appendix with a warning not to open before the date and time for opening of tenders stated in the said Appendix.

17.3 The inner envelopes shall each indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared “late”, while the outer envelope shall bear no mark indicating the identity of the tenderer.


17.4 If the outer envelope is not sealed and marked as instructed above, the Employer will assume no responsibility for the misplacement or premature opening of the tender. A tender opened prematurely for this cause will be rejected by the Employer and returned to the tenderer.

18 Deadline for Submission of Tenders

18.1 Tenders must be received by the Employer at the address specified in clause 17.2 and on the date and time specified in the Letter of Invitation, subject to the provisions of clause 7.3, 18.2 and 18.3.Tenders delivered by hand must be placed in the “tender box” provided in the office of the Employer.

Proof of posting will not be accepted as proof of delivery and any tender delivered after the above stipulated time, from whatever cause arising will not be considered.

18.2 The Employer may, at his discretion, extend the deadline for the submission of tenders through the issue of an Addendum in accordance with clause 7, in which case all rights and obligations of the Employer and the tenderers previously subject to the original deadline shall thereafter be subject to the new deadline as extended.

18.3 Any tender received by the Employer after the prescribed deadline for submission of tender will be returned unopened to the tenderer.

19 Modification and Withdrawal of Tenders

19.1 The tenderer may modify or withdraw his tender after tender submission, provided that written notice of the modification or withdrawal is received by the Employer prior to prescribed deadline for submission of tenders.

19.2 The tenderer’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions for the submission of tenders, with the inner and outer envelopes additionally marked “MODIFICATION” or “WITHDRAWAL” as appropriate.

19.3 No tender may be modified subsequent to the deadline for submission of tenders.

19.4 No tender may be withdrawn in the interval between the deadline for submission of tenders and the period of tender validity specified on the tender form. Withdrawal of a tender during this interval will result in the forfeiture of the Tender Surety.

19.5 Subsequent to the expiration of the period of tender validity prescribed by the Employer, and the tenderer having not been notified by the Employer of the award of the Contract or the tenderer does not intend to conform with the request of the Employer to extend the period of tender validity, the tenderer may withdraw his tender without risk of forfeiture of the Tender Surety.


TENDER OPENING AND EVALUATION

20 Tender Opening and Evaluation

20.1 The Employer will open the tenders in the presence of the tenderers’ representatives who choose to attend at the time and location indicated in the Letter of Invitation to Tender. The tenderers’ representatives who are present shall sign a register evidencing their attendance.

20.2 Tenders for which an acceptable notice of withdrawal has been submitted, pursuant to clause 19, will not be opened. The Employer will examine the tenders to determine whether they are complete, whether the requisite Tender Sureties have been furnished, whether the documents have been properly signed and whether the tenders are generally in order.

20.3 At the tender opening, the Employer will announce the tenderer’s names, total tender price, tender price modifications and tender withdrawals, if any, the presence of the requisite Tender Surety and such other details as the Employer, at his discretion, may consider appropriate. No tender shall be rejected at the tender opening except for late tenders.

20.4 The Employer shall prepare minutes of the tender opening including the information disclosed to those present.

20.5 Tenders not opened and read out at the tender opening shall not be considered further for evaluation, irrespective of the circumstances.

20.6 Evaluation of tenders shall be as per the criteria provided in the Appendix to instructions to tenderers.

21 Process to be Confidential

21.1 After the public opening of tenders, information relating to the examination, clarification, evaluation and comparisons of tenders and recommendations concerning the award of Contract shall not be disclosed to tenderers or other persons not officially concerned with such process until the award of Contract is announced.

21.2 Any effort by a tenderer to influence the Employer in the process of examination, evaluation and comparison of tenders and decisions concerning award of Contract may result in the rejection of the tenderer’s tender.

22 Clarification of Tenders

22.1 To assist in the examination, evaluation and comparison of tenders, the Employer may ask tenderers individually for clarification of their tenders, including breakdown of unit prices. The request for clarification and the response shall be in writing or by cable, facsimile or telex, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetical errors discovered by the employer during the evaluation of the tenders in accordance with clause 24.


22.2 No tenderer shall contact the Employer on any matter relating to his tender from the time of the tender opening to the time the Contract is awarded. If the tenderer wishes to bring additional information to the notice of the Employer, he shall do so in writing.

23 Determination of Responsiveness

23.1 Prior to the detailed evaluation of tenders, the Employer will determine whether each tender is substantially responsive to the requirements of the tender documents.

23.2 For the purpose of this clause, a substantially responsive tender is one which conforms to all the terms, conditions and specifications of the tender documents without material deviation or reservation. A material deviation or reservation is one which affects in any substantial way the scope, quality, completion timing or administration of the Works to be undertaken by the tenderer under the Contract, or which limits in any substantial way, inconsistent with the tender documents, the Employer’s rights or the tenderers obligations under the Contract and the rectification of which would affect unfairly the competitive position of other tenderers who have presented substantially responsive tenders.

23.3 Each price or unit rate inserted in the Bills of Quantities shall be a realistic estimate of the cost of completing the works described under the particular item including allowance for overheads, profits and the like. Should a tender be seriously unbalanced in relation to the Employer’s estimate of the works to be performed under any item or groups of items, the tender shall be deemed not responsive.

23.4 A tender determined to be not substantially responsive will be rejected by the Employer and may not subsequently be made responsive by the tenderer by correction of the non-conforming deviation or reservation.

24 Correction of Errors

Tenders determined to be substantially responsive shall be checked by the Employer for any arithmetic errors in the computations and summations. Errors will be corrected by the Employer as follows:

(a) Where there is a discrepancy between the amount in figures and the amount in words, the amount in words will govern.

(b) Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in the opinion of the Employer, there is an obvious typographical error, in which case adjustment will be made to the entry containing that error.

(c) In the event of a discrepancy between the tender amount as stated in the Form of Tender and the corrected tender figure in the main summary of the Bills of Quantities, the amount as stated in the Form of Tender shall prevail.


(d) The Error Correction Factor shall be computed by expressing the difference between the tender amount and the corrected tender sum as a percentage of the corrected builder’s work (i.e. corrected tender sum less Prime Cost and Provisional Sums.

(e) The Error Correction Factor shall be applied to all builder’s work (as a rebate or addition as the case may be) for the purposes of valuations for Interim Certificates and valuations of variations.

(f) The amount stated in the tender will be adjusted in accordance with the above procedure for the correction of errors and, with concurrence of the tenderer, shall be considered as binding upon the tenderer. If the tenderer does not accept the corrected amount, the tender may be rejected and the Tender Security may be forfeited in accordance with clause 13.

25 Conversion to Single Currency

25.1 For comparison of tenders, the tender price shall first be broken down into the respective amounts payable in various currencies by using the selling rate or rates of the Central Bank of Kenya ruling on the date twenty one (21) days before the final date for the submission of tenders.

25.2 The Employer will convert the amounts in various currencies in which the tender is payable (excluding provisional sums but including Dayworks where priced competitively) to Kenya Shillings at the selling rates stated in clause 25.1.

26 Evaluation and Comparison of Tenders

26.1 The Employer will evaluate only tenders determined to be substantially responsive to the requirements of the tender documents in accordance with clause 23.

26.2 In evaluating tenders, the Employer will determine for each tender the evaluated tender price by adjusting the tender price as follows:

(a) Making any correction for errors pursuant to clause 24.

(b) Excluding Provisional Sums and provision, if any, for Contingencies in the Bills of Quantities, but including Day works where priced competitively.

26.3 The Employer reserves the right to accept any variation, deviation or alternative offer. Variations, deviations, alternative offers and other factors which are in excess of the requirements of the tender documents or otherwise result in the accrual of unsolicited benefits to the Employer, shall not be taken into account in tender evaluation.

26.4 Price adjustment provisions in the Conditions of Contract applied over the period of execution of the Contract shall not be taken into account in tender evaluation.


26.5 If the lowest evaluated tender is seriously unbalanced or front loaded in relation to the Employer’s estimate of the items of work to be performed under the Contract, the Employer may require the tenderer to produce detailed price analyses for any or all items of the Bills of Quantities, to demonstrate the relationship between those prices, proposed construction methods and schedules. After evaluation of the price analyses, the Employer may require that the amount of the Performance Security set forth in clause 29 be increased at the expense of the successful tenderer to a level sufficient to protect the Employer against financial loss in the event of subsequent default of the successful tenderer under the Contract.

26.6 Firms incorporated in Kenya where indigenous Kenyans own 51% or more of the share capital shall be allowed a 10% preferential bias provided that they do not sub-contract work valued at more than 50% of the Contract Price excluding provisional sums to a non-indigenous sub-contractor.

26.7 Preference where allowed in the evaluation of tenders shall not exceed 15%.

26.8 The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination.

26.9 The procuring entity shall give prompt notice of the termination to the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer.

26.10 A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement.

26.11 Poor past performance shall not be used as an evaluation criteria unless specifically provided for in the appendix.

27 AWARD OF CONTRACT

Award Criteria

27.1 Subject to Sub-clause 27.2, the Employer will award the Contract to the tenderer whose tender is determined to be substantially responsive to the tender documents and who has offered the lowest evaluated tender price subject to possessing the capability and resources to effectively carry out the Contract Works as required in Sub-clause 2.1 and 2.2 here above.

27.2 The Employer reserves the right to accept or reject any tender, and to annual the tendering process and reject all tenders, at any time prior to award of Contract, without thereby incurring any liability to the affected tenderers or any obligation to inform the affected tenderers of the grounds for the Employer’s action.


28 Notification of Award

28.1 Prior to the expiration of the period of tender validity prescribed by the Employer, the Employer will notify the successful tenderer by cable, telefax or telex and confirmed in writing by registered letter that his tender has been accepted. This letter (hereinafter and in all Contract documents called “Letter of Acceptance”) shall name the sum (hereinafter and in all Contract documents called “the Contract Price”) which the Employer will pay to the Contractor in consideration of the execution and completion of the Works as prescribed by the Contract.

28.2 At the same time that the Employer notifies the successful tenderer that his tender has been accepted, the Employer shall notify the other tenderers that the tenders have been unsuccessful.

28.3 Within fourteen [14] days of receipt of the Form of Contract Agreement from the Employer, the successful tenderer shall sign the form and return it to the Employer together with the required Performance Security.

28.4 The parties to the contract shall have it signed within 30 days from the date of notification of contract award unless there is an administrative review request.

29 Performance Guarantee

29.1 Within twenty eight [28] days of receipt of the notification of award from the Employer, the successful tenderer shall furnish the Employer with a Performance Security in the amount stated in the Appendix to Instructions to Tenderers and in the format stipulated in the Conditions of Contract.

29.2 The Performance Security to be provided by the successful tenderer shall be an unconditional Bank Guarantee issued at the tenderer’s option by a reputable Bank approved by the Employer and located in the Republic of Kenya and shall be divided into two elements namely, a performance security payable in foreign currencies (based upon the exchange rates determined in accordance with clause 60(5) of the Conditions of Contract) and a performance security payable in Kenya Shillings. The value of the two securities shall be in the same proportions of foreign and local currencies as requested in the form of foreign currency requirements.

29.3 Failure of the successful tenderer to lodge the required Performance Security shall constitute a breach of Contract and sufficient grounds for the annulment of the award and forfeiture of the Tender Security and any other remedy under the Contract. The Employer may award the Contract to the next ranked tenderer.

30 Advance Payment

An advance payment, if approved by the Employer, shall be made under the Contract, if requested by the Contractor, in accordance with clause 60(1) of the Conditions of Contract. The Advance Payment Guarantee shall be denominated in the proportion and currencies named in the form of foreign currency requirements. For each currency, a


separate guarantee shall be issued. The guarantee shall be issued by a Bank located in the Republic of Kenya, or a foreign Bank through a correspondent Bank located in the Republic of Kenya, in either case subject to the approval of the Employer.

31 Corrupt or fraudulent practices

31.1 The procuring entity requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts. A tenderer shall sign a declaration that he has not and will not be involved in corrupt or fraudulent practices.


SECTION III APPENDIX TO INSTRUCTIONS TO TENDERERS

Notes on the Appendix to Instructions to Tenderers

The following appendix to instructions to tenderers shall complement or amend the provisions of the instructions to tenderers (Section II). Wherever there is a conflict between the provisions of the instructions to tenderers and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the instructions to tenderers.

INSTRUCTIONS TO TENDERERS REFERENCE

PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS

7 Addenda issued by the County Government of Mombasa shall form part of this tender document

13 The amount of Tender Security shall be Kenya Shillings One Hundred Thousand (Kshs. 100,000.00) in form of a Banker’s guarantee or an Insurance Company Guarantee issued by an insurance firm approved by the Public Procurement Regulatory Authority (PPRA), cash, letter of credit or guarantee by a deposit taking microfinance institution, Sacco society, the Youth Enterprise Development Fund or the Women Enterprise Fund valid for 120 days from the date of tender opening in the format provided in the tender document

16 & 17 & 20 The tenderer shall prepare the tender document comprising of Technical Submission and Financial Submission and seal them in a ONE ENVELOPE. The envelope shall bear the Tender Name, Tender Number, and Address of the tenderer (enable returning them in case of late delivery). The envelope will bear the words: DO NOT OPEN BEFORE 1000 HOURS ON 12TH FEBRUARY, 2018.

The envelope will be addressed to:

THE COUNTY SECRETARY,

COUNTY GOVERNMENT OF MOMBASA,

P.O BOX 90440- 80100

Only tenders that are responsive to the mandatory requirements and have attained the passmark of 75% in the technical evaluation shall have their financial submission considered.

The Tender submission shall:

1. Have contents pages clearly indicating Sections and Page Numbers2. Have pages in the whole document numbered in the correct


sequence, serialized and bound.Note: Complying with item numbers 1 & 2 above is mandatory and its failure shall lead to automatic disqualification.

3. Shall contain the following documents; clearly marked and arranged in the following order; -

i. Particulars of Tendering Company to include Company background, Taxpayer Registration Certificate, Certificate of Incorporation/ Registration and Current/Valid Tax Compliance Certificate from Kenya Revenue Authority, Current/Valid Single Business Permit (MANDATORY).

ii. Certificate of Registration with the National Construction Authority (NCA) –NCA 6 and above (Civil and Building Works) (MANDATORY).

iii. Tender Security of KShs. 100, 000.00 in the form of a Banker’s guarantee or an Insurance Company Guarantee issued by an insurance firm approved by the Public Procurement Regulatory Authority (PPRA), cash, letter of credit or guarantee by a deposit taking microfinance institution, Sacco society, the Youth Enterprise Development Fund or the Women Enterprise Fund valid for 120 days from the date of tender opening in the format provided in the tender document (MANDATORY).

iv. Duly filled and signed Confidential Business Questionnaire (MANDATORY).

v. Duly filled and signed Declaration Form (MANDATORY).vi. Duly filled and signed Anti-Corruption Declaration Commitment/

Pledge (MANDATORY).vii. Evidence power of attorney (MANDATORY)

viii. Written undertaking that the tenderer shall submit only one tender/bid and will not be associated or jointly be associated with any other bidder that submits a bid in this tender (MANDATORY).

Note: A bid that fails to comply with this requirement in item (viii) will lead to disqualification.

ix. Experience in previous and on-going works of a similar nature and size for at least three years covering from 2013 to 2017 (MANDATORY).

Bidders MUST provide the Contract Prices and copies of Completion or Final Certificates, names and addresses of clients who may be contacted for further information on these contracts for each of the works provided to be considered.

x. Major items of construction equipment proposed to carry out the Contract and detail of whether they are owned, leased or to be hired (provide evidence of ownership/ lease). The equipment


should include but not be limited to the following functions:a Grinderb Vibratorc Transport i.e pick up, truck e.t.cd Hand held drillse Brazing torch

xi. Qualifications and experience of at least three key site management / technical personnel and their CVs and copies of certificates:

xii. Certified copies of Audited Financial reports for the last two (2) or 2016, 2017 where available.

xiii. Completed Form of Tenderxiv. Priced Bills of Quantities

Evaluation Criteria:Technical proposals shall be subjected to the following evaluation criteria:

i. Experience in previous and on-going works of a similar nature and size for at least Five years covering from 2013 to 2017 (30 marks) - distributed as below.

Works of similar nature 6 Completed or ongoing similar Jobs ( 5 Marks each if

copies of evidence attached)( Rest of the marks given on Pro-rata basis)

Attach reference letter or LPOs, Inspection and acceptance certificates or completion certificates.

ii. Major items of construction equipment proposed to carry out the Contract and detail of whether they are owned, leased or to be hired (provide evidence of ownership/ lease). The equipment should include but not be limited to the following functions (15 marks) - distributed as below:

a Grinderb Vibratorc Transport i.e pick up, truck e.t.cd Hand held drillse Brazing Torch Own/ Lease – 3 marks each Undertaking to Hire – 1 mark each

iii. Qualifications and experience of at least two key site management / technical personnel and their CVs and copies of certificates (35 marks) - distributed as below:

a) Qualification of Site Manager should be at a minimum of the following (15 marks):

At least 10 years’ experience (5 marks) Minimum of Diploma in Civil/ Building and other relevant


field (5 marks) Evidence of supervising and providing guidance to the

site team and creating a Health, Safety and Environmental Management Plan (HSEMP) (5 marks)

b) Qualification of a Plumber should be at a minimum of the following (8 marks):

At least 5 years’ experience in installation of basins and construction related assignments i.e. drainage pipe and overhead tank connections (4 marks)

Diploma/Certificate in plumbing from a recognized institution. (4 marks)

c) Qualification of a Carpenter/Roofer should be at a minimum of the following (9 marks)

At least 5 years’ experience in carpentry and construction related assignments. (3 marks)

Experience in installation of waterproof and/or weatherproof designed material, Skilled in rafters, beams and trusses installation (3 marks)

Diploma/certificate in carpentry (3 marks)

d) Qualification of an Electrician should be at a minimum of the following (8 Marks)

At least 5 years’ experience (1.5 marks) Experience in installation of protection units, wiring and

associated Electrical works (3 marks) Ability to follow technical drawings, building plans and

wiring diagrams and perform electrical maintenance - checking systems to make sure they’re working efficiently and safely (2 marks)

Diploma/certificate in Electrical engineering/installation (1.5 marks)

Marks awarded on pro rata for meeting requirement

Zero (0) marks for not meeting requirementiv. Certified copies of Audited Financial reports for the last three

(3) years 2012, 2013 and 2014 or 2013, 2014 and 2015 where available (15 marks).

Liquidity ratios CA/CL > 2 = 5 marks Gearing ratios not more than 20% = 5 marks Profitability ratios 20% and above = 5 marks

Marks will be awarded on the ratio indicated as an average for the three years as follows:

Full marks for meeting requirement Zero (0) marks for not meeting requirement

The bidders shall be required to score a minimum of 75 out of 100 marks for Financial submission to be considered.


SECTION VII: BILLS OF QUALITIESPROPOSED RENOVATIONS AT SHIKA ADABU MARKET DEPARTMENT OF TRADE, INVESTMENT AND TOURISM

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

Contractors advised to visit the site and to ascertain the scope of

work and the general condition of the works.

80 NO. CONCRETE WORK TOPS

Excavations and Earth Works

A Provide, erect and maintain publicity signs as directed by the Engineer 1 N O

B Carefully remove paving slabs and store as instructed 691 SM

C Excavate foundation trench 1000mm wide not exceeding 300mm

35 CM

deep

D Load and cart away surplus material from site 35 CM

E 150mm thick well compacted murram blinding 20 CM

Vibrated in-situ reinforced concrete class 20/20 as described in:-

F Floor slab 18 CM

W alling

G 140mm Solid Concrete Block Walling 81 SM

Dpc

H 200mm wide 3 ply bituminous damp proof course 177 L.M

Precast concrete blocks

J 150mmx 150mm high concrete vent blocks bedded and jointed in 96 SM

Sawn formwork to in-situ concrete as described in:-

K Sides and soffits of beams 96 SM

Fabric mesh reinforcement as described to B.S. 1483

L B.R.C mesh type No. 8,9 & 65 96 SM


M 100mm thick suspended counter slab 96 SM

Floor screed

N 30mm cement and sand (1:4) screed finished with a wooden. 96 SM

Terrazzo

40mm thick polished Terrazzo paving (25mm cement sand backing

P screed and 15mm thick terrazzo) including plastic dividing strips,and 120 SM

polishing

Total collection External works


ITEM DESCRIPTION QTY UNIT RATE AMOUNT

Plaster

A 15mm thick cement and sand (1:4) plaster trowelled smooth

354 SM

comprising 12mm backing and 3mm finishing coat to walls

Lockers

B Supply and fix timber double door size 1000x900 made from 50x50

cypress timber frames and 6mm plywood infill including door frames 80 N O

and all necessary iron mongery.

Painting

C Prepare surfaces and apply two coats silk vinyl emulsion paint or

354 SM

approved equal to surfaces of Walls

SHEDS

Steel fram e

Fabricate and instal the following in hot rolled steel sections,

welded or bolted joints in steel truss slope 19* and at 2.5m c/c

including approved painting.

D 100x100x6mm SHS steel columns at 3m c/c mortised in mass

1008 KG

concrete sorround

E 75x75x6mm thick steel angles in rafters 140 LM

F 30x30x3mm steel angles in struts 45 LM

G 30X30X3mm SHS in ties 45 LM

H 50X50X5mm SHS in tie beam 550 KG

J 50x50x6mm thick steel angles in parlins 680 LM

K 50x50x6mm thick steel angles in braces 170 LM

Roofing

L 26 Gauge prepainted aluminium roofing sheets as IT5 Profiled

273 SM

Sheets fixed to purlins to match existing works

TOTAL.

COLLECTION

Brought forward from page B/W 1

Brought forward from above

Total FOR CONCRETE WORK TOPS AND SHEDS


ITEM DESCRIPTION UNIT QTY RATE AMOUNT

OFFICE EXTENSIONS, BUTCHERY, FISH SHOP AND OPEN YARD.

Excavations and Earth Works

A Excavate oversite average 200mm deep to remove vegetable soil and deposit as SM 110

directed.

B Excavate foundation trench 600mm wide not exceeding 1.5m deep C M 36

C Allow for supporting and keeping excavation free of falling materials and water Item

D Return, fill and ram selected excavated material around foundation in layers not C M 22

exceeding 150mm thick

E Load and cart away surplus material from site C M 14

F 500 Gauge polythene damp proof membrane SM 60

G 300mm thick well compacted hardcore including 50mm murram blinding SM 60

H Chemical anti-termite treatment with 10 years guarantee SM 60

J 200mm wide 3 ply bituminous damp proof course L.M 41

Plain in situ concrete 15/20 as described in:-

K 50mm thick blinding under foundations SM 25


L Wall foundation C M 5

M 100mm thick floor slab SM 60

N Ground beams CM 3

Foundation walling

P Machine cut coral blocks 200mm thick foundation walling in cement/sand motar SM 50

(1:3) reinforced with 6mm diameter round bars ties every course

Reinforcements

P Steel mesh fabric reinforcement to B.S 4483 A-142(MS) SM 60

High tensile steel cold worked to B.S 4461 in ground beam

R 8m m K.G 170

S 12mm K.G 210

Sawn formwork to in-situ concrete as described in:

T Edges of slab over 75mm but not exceeding 150mm high LM 50

Total Carried to collections



SUPERSTRUCTURE

Walling

Machine cut coral blocks bedded and jointed in cement and sand mortar

(mix1:3) as decribed in:

A 200mm thick walling SM 110

B 140mm Solid Concrete Block Walling in: SM 12

Sawn formwork to in-situ concrete as described in:-

B Sides and soffits of beams SM 30

High tensile steel cold worked to B.S 4461 as described

C 8m m K.G 170

D 12mm K.G 210

Reinforced concrete class 20/20as described in:

E Ring beams CM 3

Window cill

200mmx75mm thick precast concrete(1:2:4) sunk, weathered cill including all

G moulds and reinforcement for handling finished fair on all exposed surfaces with LM 12

cement and sand mortar(1:3)

Finishing

Floors

H 30mm cement and sand (1:4) screed finished with a wooden float to receive granito

SM 60

tiles(measured separately)

J Prepare surface, supply and fix 600 x 600x10 mm premium quality non slip “granitto”

SM 60

tiles fixed to floor with cement mortar.

K Ditto 100mm high skirting LM 41

Walls

L 15mm thick cement and sand (1:4) plaster trowelled smooth comprising 12mm

SM 100

backing and 3mm finishing coat to walls

M 10mm thick in 200x250mm white glazed granito tiles with 4mm spacers to ceiling

SM 38

height using grey grout

N Ditto Render wood floated externally SM 120

M Prepare and apply one undercoat and two finishing coats silk vinyl emulsionon

SM 160

plastered walls and ceilings

P Prepare and apply one undercoat and two finishing coats as permaplast Crown'

SM 120

paint or equivalent to renderd surfaces in ditto

Total Carried to collections



Doors

A 150x50mm rebated Mvule door frame with two labours and rounded edges LM 12

B Ditto 40X25mm architrave with one labour LM 12

50mm thick wrot mvule panel door comprising of 100 x 50mm stiles, bottom,

middle and top rail and infill 3 raised panels 45mm thick

C 900x2100 door NO 2

Supply and fix iron mongery with matching screws as Union ASS ABLOY or

equal approved

D Three lever mortise No 2

E 100mm heavy duty aluminium butt hinges PR S 3

Prepare and apply three coats polyuthane clear varnish on general surfaces of

F

SM 20

timber

Grille door

1800x2100 mm double door complete 50x50x3mm fixed angle frame ; 2.5 mm thick

G checkered plate built into panels, "Union" 3-lever steel door lock,3 X 200 mm NO 3

lockable tower bolts all primed with red oxide.

Windows

Heavy duty aluminium framed sliding window including all necessary

ironmongery and 5m m tinted sheet glass fixed with aluminium beading .

Fabricated as per design provided.

H Windows Sliding window size 1200 x 1200 NO 9

Blinds

J Supply and fix approved vertical blinds made from quality fabric supplied with and

SM 15

including all accessories

Roofing

K carefully remove old roofing sheets and store as instructed SM 55

Supply and fix sawn cypress treated

L 150 x 50 mm Wall plate and tie beam LM 70

M 100 X 50 mm Rafters, struts and ties LM 700

N 75 X 50 mm Purlins LM 864

P 26 Gauge prepainted aluminium roofing sheets as IT5 Profiled Sheets fixed to

SM 269

purlins.

Q 200x25mm wrot cypress fascia/Badge board LM 45

R Supply and fix 25mm thick gypsum ceiling insulation boards SM 62

Total carried to collection



Plumbing works

Wash hand basin size 550mmx450mm with two tap holes and chain stay hole,

A concealed wall brackets, chrome plated pillar tap and chain waste, white plastic NO 6

bottle trap and 32mm P trap as TWYFORDS or equal approved equivalent

B Silver plated glass mirror size 600mm x 450mm x 6mm thick with bevelled edges,

NO 8

screwed to wall with silver plated screws

C Arabic shower as Shataff or equal approved equivalent NO 6

D Toilet roll holder as Duravit or equal and approved equivalent NO 6

E Floor trap plus strainer 2" dia outlet complete NO 3

F Grab bars - Stainless steel with Hinge Support NO 2

G Allow for standard masonary gulley trap complete with cover No 2

H Allow for construction of 1000x850x850mm deep manhole complete with

No 2

600x450mm medium duty man hole cover

Allow for plumbing and drainage pipe work to connect to existing networks and for

J connection of water from overhead tanks to, W.C and WHB including testing the Item

whole system

BOREHOLE PUMP

Supply & fix submercible pump as Grundfos SP5A-12 1.5HP, 3-Phase water pump

K capable of discharging 7 cubic metres of water per hour against a total head of 50 1 NO

metres including testing for two hours.

L Supply and fix control panel type C302E complete with drop cables, electrodes, LLC

1 NO

relay meter board.

Walkway Paving slabs

Provide natural gravel material to base quality and thickness of 100mm compact to

M 95% MDD (AASHTO T.180) in accordance with the Standard Specifications and as 70 CM

directed by the Engineer.

P 600x600x50mm thick precast paving slabs 700 S M

Total above

COLLECTION




Brought down from above

Total Extentions, Butchery, Fish shops and walkways carried to summary


ITEM DESCRIPTION U NIT QTY RATE AMOUNT

ELECTRICAL WORKS

Lighting circuit 01

A Lighting point in concealed 20mm diameter HG PVC conduit comprising of

NO 8

3x1.5mm2 PVC/ Sc Cu cables for 1 way ! Gang switching from existing supply

B Ditto 1 way 2 gang NO 2

C Ditto lighting 2 way 1 gang switching NO 2

Lighting circuit Fitting s02

D 5 Amp white moulded ivory flush mounting 1 way 1 gang plate switch as

NO 5

MK/CRABTREE/MEM or equal and approved equivalent

F Ditto 2 way 1 gang NO 2

Light fittings complete with fixing accessories and lamps as follows:-

G 600X600mm 4x36w Fluorescent luminaire fitting complete with louvred diffuser as

NO 10

THORN/PHILLIP or equal and approved equivalen

H 2x8W valent flourescent emergency lighting luminaire fitting as THORN or equal

NO 10

and approved equivalent

Power Circuits.

J Shaver unit tower piping drawn in concealed 20mm Dia PVC HG conduit

NO 12

comprising of 3x2.5mm2 PVC/SC CU cables from existing supply source.

K 13 Amp socket outlet power points drawn in concealed 20mm Dia PVC HG conduit NO 12

comprising of 3x2.5mm2 PVC/SC CU cables from existing supply source.

L 56'' 3- blade ceiling fan complete with regulators as ORIENT/CROMPTON or equal

NO 6

and approved

M 15A DP switch NO 4

Air Conditioning

Supply, install, test, and commission of High wall air conditioning system as

specified

N 12000BTU high wall air conditioning system as LG or approved equivalent complete

NO 3

with refrigerant piping, including amaflex insulation, drainage and electrical cable for

all areas for each of the air conditioners including HG PVC trunking

P 200 wats LED Chip aray bridge lux / Cree/ Philips with min well/philips driver or NO 8

equivalent Flood lights including fixing frames and structures as instructed.

Total electrical works


ITEM DESCRIPTION QTYUNIT RATE AMOUNT

PROVISIONAL SUM

A Allow a provisional sum of Kenya Shillings Five Hundred Thousand (KShs.

500,000.00 500,000/=) only contingencies.

A Allow Kenya Shillings One Hundred Thousand (KShs. 100,000/=) only for project

100,000.00 management..

TOTAL CARRIED TO GRAND SUMMARY 600,000.00


DESCRIPTION FOR FOR PAGE CONTRACTOR'S OFFICIAL USE USE ONLY GRAND SUMMARY

A Total FOR CONCRETE WORK TOPS AND SHEDS 1

B Total EXTENSIONS, BUTCHERY AND FISH SHOP 6

C Total ELECTRICAL WORKS 7

D Total provisional sums PS 600,000.00 TOTAL QUATION AMOUNT

Amount in words [Kshs]……………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………

Contractor’s name …………………………………………………………………………………………………………………

ADDRESS ………………………………………………………………………………………………………………

DATE ………………………………………………………………………………………………………………………………………

SIGNATURE………………………………………………………………………………………………………………………………

WITNESS NAME ………………………………………………………………………………………………………………………

ADDRESS …………………………………………………………………………………………………………………………

DATE ………………………………………………………………………………………………………………………

SIGNATURE …………………………………………………………………………………………………………………………





SECTION VIII - STANDARD FORMS

FORM OF TENDER

TENDER NO. CGM/PRO/T/13/2018-2019


TO: __________________________[Name of Employer) ____________[Date]

__________________________[Name of Contract]

Dear Sir,

1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of Quantities for the execution of the above named Works, we, the undersigned offer to construct, install and complete such Works and remedy any defects therein for the sum of Kshs._____________________________[Amount in figures] Kenya Shillings___________________________________________________________________________________________[Amount in words]

2. We undertake, if our tender is accepted, to commence the Works as soon as is reasonably possible after the receipt of the Project Manager’s notice to commence, and to complete the whole of the Works comprised in the Contract within the time stated in the Appendix to Conditions of Contract.

3. We agree to abide by this tender until ___________________[Insert date], and it shall remain binding upon us and may be accepted at any time before that date.

4. Unless and until a formal Agreement is prepared and executed this tender together with your written acceptance thereof, shall constitute a binding Contract between us.

5. We understand that you are not bound to accept the lowest or any tender you may receive.

Dated this ____________________ day of _______20________________

Signature __________________in the capacity of___________________

Duly authorized to sign tenders for and on behalf of _____________________________________________[Name of Employer] of___________________________________________[Address of Employer]


Witness; Name______________________________________

Address_____________________________________

Signature___________________________________

Date_______________________________________


FORM OF TENDER SECURITY


BY THIS SECURITY WE. (hereinafter called “The Tenderer”) and ………………………………………………………………...(Bank) whose registered office is at ……………………………………………………….(hereinafter called “the Surety”) are held and firmly bound unto County Government of Mombasa (hereinafter called “the Employer”) in the sum of Kenya Shillings one Hundred Thousand (KShs 100,000.00) for the payment of which sum the Tenderer and Surety bind themselves, their successors and assigns jointly and severally by these presents.

Sealed with our respective seals and dated this ………………………..day of 2016

WHEREAS

1. The county has invited the Tenderer and other persons to complete Tenders in similar terms for PROPOSED RENOVATIONS AT SHIKA ADABU MARKET (hereinafter called “the Works”) and submit the same for consideration by the county.

2. The Tenderer proposes to submit to the county a Tender (hereinafter called “the Tender”) in accordance with such invitation and by the above written Security, to provide security for the due performance by him of the undertakings and obligations in the Tender on his part contained.

NOW THE CONDITIONS of the above-written Security are such that:

(a) If the Tenderer withdraws his Tender during the period of validity specified in the Form of Tender; or,

(b) If the Tenderer refuses to accept the correction of errors in his Tender; or,(c) If the Tenderer having been notified of the acceptance of his Tender by the county

during the period of Tender validity;i) Fails to execute the Contract Agreementii) Fails to furnish the Performance Security or Guarantee, in accordance with the

Contract, within the time limits set in the Instructions to Tenderers,

We undertake to pay the county an amount not exceeding the sum stated above on receipt of its first written demand, without the county having to substantiate its demand.

This guarantee will remain in force up to and including thirty (30) calendar days after the period of Tender validity including any extensions thereof, and any demand in respect thereof should reach the Surety not later than the above stated date.

The common seal of ………………………………………………….(the Tenderer) was hereunto affixed in the presence of:

Signature…………………………………………………………………..Page 38 of 50

CGM: Proposed Renovations at Shika Adabu Market

Name………………………………………………………………………..

In the capacity of……………………………………………………………..

The common seal of ……………………………………………………….(the Surety) was hereunto affixed in the presence of:

Signature……………………………………………………………………

Name………………………………………………………………………..

In the capacity of……………………………………………………………..


FORM OF PERFORMANCE SECURITY(To be filled by successful Tenderer Only)



TO: County Government of Mombasa

Dear Sir(s)

With reference to your Agreement with ________________________________________________________________________

For the PROPOSED RENOVATIONS AT SHIKA ADABU MARKET (TENDER NO. ) dated ………………………… and at their request we hereby undertake to hold at your disposal the sum of up to KShs ……..………………………………………..………………………………………………………………………………………………(in words) Only, which we shall pay to you without any reference to, and in spite of any contestation by the said Messrs…………………………………………………………………………

immediately on your demand being made to us in writing by ordinary or registered post or by hand at our offices , stating that Messrs …………………………………………………………have not fulfilled the terms and conditions of their above mentioned contract and you claim payment under this Security. Any claim under this Security should be received by us on or before the …………………………… ……after which date our aforesaid Security shall cease and be of no effect and must be returned to usSigned Sealed and Delivered by the said ___________________________

In the presence of: _____________________________________________

Date:_______________________________________


FORM OF CONTRACT AGREEMENT



THIS AGREEMENT, made on this…………………….day of………………….2016 between the COUNTY GOVERNMENT OF MOMBASA , a body corporate established under the County Government of Mombasa Act (Cap. 391) Laws of Kenya, P. O. Box , Mombasa, hereinafter called the “Employer” of the one part and ______________________________________________________, a limited liability company incorporated under the Companies Act (Cap.486) Laws of Kenya, P. O. Box _________________________, hereinafter called the “Contractor” of the other part.

WHEREAS, Tenders have been received by the Employer for the PROPOSED RENOVATIONS AT SHIKA ADABU MARKET

Tender No. at the Mombasa County , including allied structures and remedying of any defects therein and the Tender of the Contractor for the said contract has been accepted by the Employer.

THEREFORE, for and in consideration of the promises, covenants, and agreements hereinafter contained and to be performed by the parties hereto, the said parties hereby covenant and agree as follows:-

1. In consideration of the covenants and agreements to be kept and performed by the Contractor and completion of the Works according to the Specifications and Conditions herein contained, the Employer shall pay and the Contractor shall receive and accept as full compensation for everything furnished and done by the Contractor under this Agreement, the Contract Price, (State Currency) ______________________________________________________________, stipulated in the Letter of Acceptance, at the times and in the manner prescribed by the Conditions of Contract.

2. Said Works shall be started on the Commencement Date and the Contractor shall fully complete the Works within _______weeks.

3. In this Agreement, the words and expressions shall have the same meaning as are respectively assigned to them in the Conditions of Contract hereinafter referred to.

4. The following documents shall be deemed to form, and be read and construed, as part of this Agreement:

a) This Contract Agreement,b) The Letter of Acceptance,c) Form of Tender,d) Appendix to Tender,e) Performance Security,


f) FIDIC Conditions of Contract For Construction First Edition 1999,g) Conditions of Particular Applicationh) Works Programmei) Bill of Quantities,j) Specifications,k) The Confidential Business Questionnaire,l) The Tender Questionnaire,m) The Declaration Form.

IN WITNESS WHEREOF, the Parties have hereto have executed this contract in four (4)

counterparts, as of the day and year herein above set forth.

Signed By: )

)

For and on behalf of ) ……………………………

COUNTY GOVERNMENT OF MOMBASA )

)

In the presence of: - )

Name …………………………………….. )

Designation ………………………….…… )

Signature …………………………….…… )

)

Signed By: ………………………….. )

For and on behalf of ) ……………………………

_________________________ ) COUNTY SECRETARY

Contractor )

In the presence of: - )

Name ………………………..…………… . )

Designation …………………….………… . )

Signature ………………………….………. )


CONFIDENTIAL BUSINESS QUESTIONNAIRE - MANDATORYTENDER NO.

You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2 (c) and 2 (d) whichever applies to your type of business.

You are advised that it is a serious offence to give false information on this Form.

Part 1 – General

Business Name ………………………………………………………………………

Location of business premises; Country/Town……………………….

Plot No……………………………………… Street/Road …………………………

Postal Address……………………………… Tel No………………………………..

Nature of Business…………………………………………………………………..

Current Trade Licence No…………………… Expiring date…………………

Maximum value of business which you can handle at any time: (State Currency) ………………………..

Name of your bankers………………………………………………………………

Branch…………………………………………………………………………………

Part 2 (a) – Sole Proprietor

Your name in full…………………………………… Age…………………………

Nationality………………………………… Country of Origin…………………

*Citizenship details …………………………………………………………………

Part 2 (b) – Partnership

Give details of partners as follows:

Name in full Nationality Citizenship Details Shares 1…………………………………………………………………………………… 2…………………………………………………………………………………… 3……………………………………………………………………………………


Part 2(c) – Registered Company:

Private or public……………………………………………………………

State the nominal and issued capital of the Company-

Nominal (State Currency) …………………………………………………………………

Issued (State Currency) ……………………………………………………………………

Give details of all directors as follows:

Name in full . Nationality. Citizenship Details*. Shares.

1.………………………………………………………………………………………

2.………………………………………………………………………………………

3.………………………………………………………………………………………

4.………………………………………………………………………………………

Part 2(d) – Interest in the Firm:

Is there any person / persons in …………… ………(Name of Employer) who has interest in this firm? Yes/No………………………

I certify that the information given above is correct.

……………………… ……………………… …………………(Title) (Signature) (Date)


DECLARATION FORM ON PARTICIPATION IN PUBLIC PROCUREMENT (MANDATORY)

TENDER NO.

Date ____________

To County Government of Mombasa

The tenderer i.e. (name and address)

declare the following:

1. Has not been debarred from participating in public procurement.

2. Has not been involved in and will not be involved in corrupt and fraudulent practices regarding public procurement.

Title Signature Date


UNDERTAKING BY TENDERER ON ANTI – BRIBERY POLICY / CODE OF CONDUCT AND COMPLIANCE PROGRAMME

1. Each Tenderer must submit a statement, as part of the Tender documents, in the given format which must be signed personally by the Chief Executive Officer or other appropriate senior corporate officer of the Tendering company and, where relevant, of its subsidiary in the Kenya. If a Tender is submitted by a subsidiary, a statement to this effect will also be required of the parent company, signed by its Chief Executive Officer or other appropriate senior corporate officer.

2. Tenderers will also be required to submit similar No-bribery commitments from their subcontractors and consortium partners; the Tenderer may cover the subcontractors and consortium partners in its own statement, provided the Tenderer assumes full responsibility.

3.a) Payment to agents and other third parties shall be limited to appropriate compensation for

legitimate services.

b) Each Tenderer will make full disclosure in the Tender documentation of the beneficiaries and amounts of all payments made, or intended to be made, to agents or other third parties (including political parties or electoral candidates) relating to the Tender and, if successful, the implementation of the contract.

c) The successful Tenderer will also make full disclosure [quarterly or semi- annually] of all payments to agents and other third parties during the execution of the contract.

d) Upon completion of the performance of the contract, the successful Tenderer will formally certify that no bribes or other illicit commissions have been paid. The final accounting shall include brief details of the goods and services provided that they are sufficient to establish the legitimacy of the payments made.

e) Statements required according to subparagraphs (b) and (d) of this paragraph will have to be certified by the company's Chief Executive Officer, or other appropriate senior corporate officer.

4. Tenders which do not conform to these requirements shall not be considered.

5. If the successful Tenderer fails to comply with its No-bribery commitment, significant sanctions will apply. The sanctions may include all or any of the following:

a) Cancellation of the contract;

b) Liability for damages to the procuring entity and/or the unsuccessful competitors in the tendering process.

6. Tenderers shall make available, as part of their Tender, copies of their anti-Bribery Policy/Code of Conduct, if any, and of their general or project-specific Compliance Program.

7. The Government of Kenya has made special arrangements for adequate oversight of the procurement process and the execution of the contract, and has invited civil society and other competent Government Departments to participate in the oversight. Those charged with the oversight responsibility will have full access to all documentation submitted by Tenderers for this contract, and to which in turn all Tenderers and other parties involved or affected by the project shall have full


access (provided, however, that no proprietary information concerning a Tenderer may be disclosed to another Tenderer or to the public).

ANTI-CORRUPTION DECLARATION COMMITMENT/ PLEDGE

I/We/Messrs…………………………………………………………………………….

of Street, Building, P O Box……………………………………………………………

…………………………………………………………………………………………..

Contact/Phone/E mail…………………………………………………………………..

declare that Public Procurement is based on a free and fair competitive Tendering process which should not be open to abuse.

I/We ..…………………………………………………………………………………..

declare that I/We will not offer or facilitate, directly or indirectly, any inducement or reward to any public officer, their relations or business associates, in connection with

Tender name……………………………………………………………..

Tender No ………………………..……………………………………………….

for or in the subsequent performance of the contract if I/We am/are successful.

Authorized Signature................................................................................................

Name and Title of Signatory……………………………………………………………


DETAILS OF SUB-CONTRACTORS

If the Tenderer wishes to sublet any portions of the Works under any heading, he must give below details of the sub-contractors he intends to employ for each portion.

Failure to comply with this requirement may invalidate the tender.

(1) Portion of Works to be sublet:………………………………

[i) Full name of Sub-contractorand address of head office: ………………………………

………………………………

(ii) Sub-contractor’s experienceof similar works carried outin the last 3 years withContract value: ………………………………

………………………………

………………………………

(2) Portion of Works to sublet: ………………………………

(i) Full name of sub-contractor and address of head office: ………………………………

………………………………

………………………………

(ii) Sub-contractor’s experienceof similar works carried outin the last 3 years withcontract value: ……………………………

……………………………

____________________ _______________________[Signature of Tenderer) Date


LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

_____________________

_____________________

To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter of this letter of notification of award.

(FULL PARTICULARS)


SIGNED FOR ACCOUNTING OFFICER

FORM RB 1

REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

……………………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of ……………

dated the…day of ………….20……….in the matter of Tender No………..…of …………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical

address…………….Fax No……Tel. No……..Email ……………, hereby request the Public Procurement

Administrative Review Board to review the whole/part of the above mentioned decision on the following

grounds , namely:-

1.

2.

etc.

By this memorandum, the Applicant requests the Board for an order/orders that: -

1.

2.

Etc

SIGNED ………………. (Applicant)

Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of

………....20….………

SIGNEDBoard Secretary
